Can you force a sale of a co-owned house in Washington?

Short answer: Yes — if you own the property as a co-owner (for example, as tenants in common) and you and the other owner cannot agree, you can ask a Washington superior court to order a partition. The court can divide the land physically if feasible, or order a sale with the proceeds divided among the owners. The statutory rules for partition actions are in the Washington Revised Code, chapter 7.52 (RCW 7.52).

Detailed answer — step-by-step under Washington law

1) Confirm how title is held

Before taking any steps, check the deed and any probate records to confirm how the property is owned. Typical situations after a parent dies:

If title is in the surviving owner’s name as a joint tenancy with right of survivorship, the property may already have passed entirely to the surviving joint tenant and a partition claim may not be available.
If title passed to heirs or to multiple people and each holds an undivided share (usually called tenants in common), any co-owner can file a partition action.
If title issues are unclear because probate is open or there are beneficiary-designations, resolve those title questions first (often with the help of the county auditor’s office or a probate attorney).

2) Try voluntary resolution first

Courts prefer that co-owners settle privately when possible. Consider these options before filing:

Negotiate a buyout (one owner pays the other(s) for their share).
Sell the property by agreement and split the proceeds after paying debts.
Mediation or a neutral appraiser to establish fair market value and terms.
Refinance or take out a home-equity loan to buy out the co-owner.

3) Filing a partition action in superior court (what to expect)

If negotiation fails, a co-owner can file a complaint for partition in the Washington Superior Court where the property is located. The common procedural points (driven by RCW 7.52) include:

Who to name: all persons with an ownership interest and known lienholders.
Relief requested: partition in kind (physical division) if practical, or partition by sale if division is not practical.
Appointment of commissioners: the court may appoint commissioners or referees to value the property and report whether division in kind is feasible.
Sale process: if the court orders sale, it will typically direct a public sale (auction or court-ordered sale) and set terms. Net proceeds are divided among owners according to their ownership interests after paying costs, mortgages, taxes, and any liens.
Offsets: the court can adjust distributions to account for unequal contributions (e.g., one owner paid the mortgage, made improvements, or covered taxes), but you should bring evidence (receipts, bank records) to support any claimed credit.

See RCW chapter 7.52 for the statutory framework: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52.

4) Practical timeline and costs

Partition actions vary in time and cost. Typical factors:

Filing, service, and court scheduling — months to set initial hearings.
Appraisals and commissioner reports — can take weeks to months.
If contested, a partition action can take many months and generate attorney fees, court costs, appraisal expenses, and sale costs.
Net proceeds are reduced by outstanding mortgage(s), liens, unpaid property taxes, and the costs of sale and litigation.

5) Who pays

The court typically allocates sale and partition costs proportionally among owners depending on ownership interests and on any equitable adjustments. If one owner’s conduct forced the sale, the court may award different cost allocations. Expect that litigation expenses will reduce each owner’s net recovery unless you reach a private settlement.

6) If the property is in probate or has liens

If title issues are tied to an ongoing probate, you may need to resolve probate questions first (for example, confirm whether the executor transferred title or whether a personal representative needs to be involved). Liens and mortgages must be paid at sale; the purchaser at a partition sale normally takes title subject to valid liens unless the court orders otherwise.

Hypothetical example (illustrative)

Suppose two siblings each own 50% of their late father’s house as tenants in common. One sibling wants to sell; the other refuses. The sibling seeking sale files a partition action in the local superior court. The court appoints commissioners who recommend sale because the house cannot be fairly divided. After a court-ordered sale and payment of liens and sale costs, each sibling receives their proportional share of the net proceeds, but one sibling who paid for a major repair before the sale presents proof and receives a credit against their share.

Helpful legal and practical hints

Gather documents early: deed, mortgage statements, tax bills, homeowners insurance, probate paperwork, and receipts for improvements or payments you made.
Confirm ownership at the county recorder/auditor’s office and obtain an official title report or preliminary title search.
Send a clear written demand for division or sale before filing; courts like to see attempts at resolution.
Consider mediation; courts often encourage or require it and it is usually much cheaper than litigation.
Keep detailed records of payments you made for mortgage, taxes, insurance, and repairs; those records support any equitable credits you seek in court.
Expect to name lienholders (mortgage holders, judgment creditors) in your complaint so the court can resolve lien priority during the sale.
Check Washington’s statutory provisions on partition at RCW chapter 7.52: https://app.leg.wa.gov/rcw/default.aspx?cite=7.52.
Use court resources: Washington Courts provides forms and local court contact information at https://www.courts.wa.gov/.
If you need help finding a lawyer, consider the Washington State Bar Association referral service: https://www.wsba.org/.

Next steps you can take today

Get a certified copy of the deed from the county assessor/recorder.
Ask the county recorder if any deeds, liens, or notices have been recorded since the decedent’s death.
Send a polite written demand to your co-owner proposing sale, buyout, or mediation and keep a copy.
Consult a Washington real property attorney to review your documents and explain likely outcomes and costs specific to your situation.

Disclaimer

This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your particular situation, consult a licensed Washington attorney.